Submit Report to: Melanie Cox Submit Report by: March 30, 2019 Contact Person for Questions:
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1 Date: Month and Year LWVMD CONCENSUS STUDY BAIL AND CORRECTIONS Submit Report to: Melanie Cox Submit Report by: March 30, 2019 Contact Person for Questions: Local League: Name of Person Submitting Report: Date/s of Meeting: Number Participating: Total Members Participating Number of Units Consensus Question 1: A person accused of a crime should be released awaiting trial without bail if: a. a risk assessment tool indicates that the defendant is likely to appear in court; b. the defendant does not pose a threat to victims, others or the community; c. the jurisdiction has pretrial services to monitor and/or treat the defendant; Check Box if there was consensus of dis consensus Check Consensus if group could not Question 1 comments: Consensus Question 2: Conditions for pretrial release should be determined based on: a. a validated, evidence-based, race-neutral risk scoring instrument; b. information presented at the initial appearance and bail review hearing; c. an in-person assessment of the defendant whenever possible; d. judicial discretion; 1 P age
2 Question 2 comments: Check Box if there was consensus of dis consensus Check Consensus if group could not Consensus Question 3: Should bail be abolished? Check Box if there was consensus of dis Consensus Check Consensus if group could not Question 3 comments: Even if you said, Yes to question 3 above, please answer question 4. Consensus Question 4: If bail continues to be authorized by law, it should be imposed: a. if there is a risk that the defendant will not appear in court for trial; b. with consideration of the defendant s ability to pay bail; c. if all alternatives have been considered and rejected. 2 P age Check Box if there was consensus of dis
3 Consensus Question 4 General Comments: Check Consensus if group could not Question 5: Pretrial services should: a. be required in all jurisdictions; b. provide supervision and use automated means of ensuring court appearance, when possible; c. include a range of services including treatment programs, when possible. Check Box if there was consensus of dis Consensus Question 5 Comments: Check Consensus if group could not Question 6: Funding for pretrial services should be: a. partially funded by the state, with the balance funded by the counties b. fully funded by the state c. based exclusively on savings realized through reduced prison populations; d. approved without regard to savings realized through reduced prison populations; 3 P age
4 e. partially funded by financial contribution from defendant, when appropriate. Consensus Question 6 General Comments: Check Box if there was consensus of dis Check Consensus if group could not Question 7: Should the use of bail bond agents be disallowed? Consensus Question 7 General Comments: Check Box if there was consensus of dis Check Consensus if group could not Even if you said, Yes to question 7 above, please answer question 8. Question 8: Bail bond agents should be: a. closely regulated and monitored; b. subject to recourse for abuse; c. utilized to supervise released defendants and track down any who fail to appear; 4 P age
5 Check Box if there was consensus of dis Consensus Check Consensus if group could not Question 8 General Comments: General Comments: 5 P age
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